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Consumer Product Safety Commission Penalizes Peloton for Reporting and Safety Failure

On January 5, 2023, the Consumer Product Safety Commission (CPSC) reported Peloton agreed to pay a $19,065,000 civil penalty as a settlement regarding its Tread+ treadmill, approximately a year and a half after the CPSC and...more

Safe Sleep for Babies Act Prohibits Inclined Sleepers and Crib Bumpers

On May 16, President Biden signed the Safe Sleep for Babies Act into law, less than two weeks after being passed by Congress. The Act addresses the controversy around inclined sleepers and crib bumpers for infants by banning...more

FTC Steps Up Enforcement of Allegedly Deceptive Online Review Practices

\Once a fairly loosely scrutinized space, online reviews have become an area of increased interest to and enforcement by the Federal Trade Commission (FTC). A recent FTC order is particularly telling...more

With Ferreira v. City of Binghamton, New York Court of Appeals Preserves Public Duty Rule

It has long been the rule in New York State that in order to hold a municipality responsible for injuries that arise from its performance of a governmental function, a plaintiff had to establish the municipality owed to him...more

The Infrastructure Investment and Jobs Act: Building A Road to Liability For Cryptocurrency Industry?

The newly signed the bi-partisan Infrastructure Investment and Jobs Act (“IIJA”) includes new regulations aimed directly at cryptocurrency oversight. Unlike more traditional asset classes, cryptocurrencies are not governed...more

FTC’s New “Made in USA” Label Rule Goes Into Effect

Among other things, the Federal Trade Commission (“FTC”) is tasked with consumer protection, including pursuit and prosecution of false advertising. To that end, the FTC has long regulated the use of the phrase “Made in...more

No Good Deed Should Be Punished: Harris Beach Wins Summary Judgment Under Volunteer Protection Act

In Jeraci v. Cooper et al., 2021 NY Slip Op 03025 (2d Dep’t May 12, 2021), the Appellate Division, Second Department of the New York State Supreme Court affirmed the dismissal of a negligence claim against a defendant who...more

Fifth Circuit Rejects and Remands Phthalate Limit Rule in Children’s Products Back to CPSC

The Consumer Product Safety Commission (the “CPSC”) is tasked with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of types of consumer products. Like most federal...more

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